A disagreement over the admissibility of two land documents ensued on Tuesday during the trial of Yahaya Bello, former governor of Kogi state, at the Federal High Court in Abuja.
The Economic and Financial Crimes Commission (EFCC) is
prosecuting Bello on a 19-count charge of alleged money laundering to the tune
of N80.2 billion.
The dispute arose after Chukwudi Enebeli, counsel to the
EFCC, sought to tender a Deed of Assignment and an Irrevocable Power of
Attorney relating to Plot 1160, Cadastral Zone, Gwarimpa II, Abuja.
Mahmoud Abdulaziz, chief accountant of Dantata & Sawoe
Construction Company Limited, told the court that the property, measuring
8,240.72 square metres, was sold to Azba Real Estate Limited for N100 million.
He said the payment was made in three tranches — N70 million
on February 17, 2021; N10 million on February 19; and N20 million on February
22, 2021 — through electronic transfers into the company’s Keystone Bank
account by Maigari Murtala.
However, Joseph Daudu, counsel to Bello, objected to the
admission of the documents.
“My lord, the first document is an irrevocable power of
attorney, and the second is a deed of assignment in respect of the same land.
These are registrable instruments relating to title and ought to have been
registered,” he said.
Daudu argued that only certified true copies obtained from
the appropriate land registry would be admissible and that the EFCC was not the
custodian of such documents.
“On these three grounds, my lord, these documents are
inadmissible,” he said.
However, Kemi Pinheiro, counsel to the EFCC, described the
objection as a misconception of the law.
“The evidence of the witness is unambiguous. He has led oral
evidence of the transaction and receipt of money. These documents are being
tendered to anchor that oral evidence,” he said.
Pinheiro argued that the case concerns financial crimes and
the movement of funds, not ownership of land.
“This is about financial crimes and the flow of funds. We
are not tendering these documents to prove title or ownership,” he added.
After hearing the arguments, Emeka Nwite, the presiding
judge, adjourned to March 9 to rule on the admissibility of the documents and
continue the trial.
Meanwhile, during cross-examination, a witness from First
City Monument Bank (FCMB) confirmed that Exhibit 37 was the statement of
account of Kunfayakun Global Limited covering January 1, 2018, to December 31,
2024.
The witness said he was neither the account officer nor the
relationship manager for the account.
He confirmed a N100 million inflow on December 15 from
Keyless Nature Limited but said he could not determine the purpose of the
transfer.
He also confirmed a N400 million RTGS inflow on December 17,
2021, explaining that RTGS means Real Time Gross Settlement, but said he did
not know the business relationship between the parties.
Similarly, he confirmed a N600 million inflow from Ejadams
on February 18, 2022, but said he did not know the purpose of the transaction.
The witness was subsequently discharged.
Another witness, Oluwafemi Victoria, compliance officer at
Polaris Bank, testified under subpoena and tendered documents admitted as
exhibits.
She confirmed multiple N10 million inflows into JIT
Limited’s account on November 23 and 24, 2021, from Musa Nura, Yusuf Mubarak,
and Maishanu Global Industry, totalling N150 million.
Victoria also identified 10 credit entries in SSP Foods
Limited’s account on November 24, 2021, including N70 million from Inganchi
Synergy and N70 million from Murtala Maigari, among others, amounting to N250
million.
Under cross-examination, she said she was neither the
account officer nor the relationship manager and could not explain the business
relationships behind the transactions.
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